Public Domain - American Memory Collection - Commercial Use

[arthurs175]

Can anybody tell me if Thomas Edison movies from the Library of Congress' American Film Collection is Public Domain and could be downloaded for commerical use? The site contains some nice old film clips from the 1890's - 1910's that appear to have an expired copyright that I would love to use in my first documentary. The site posts film clips up that can be down loaded, but says they post for non-commericial use. If they can be used is there a licensing requirement? After reading the explanation of copyright and use I was more confused about the issue than before I read it. Appreciate any help. Thank you

 

[directorik]

If they can be used is there a licensing requirement? After reading the explanation of copyright and use I was more confused about the issue than before I read it. Appreciate any help. Thank you

Could you post the link to the explanation that confused you? Once I
read it I can probably help you decipher it.

I found it.

"The written permission of the copyright owners and/or other rights holders (such as publicity and/or privacy rights) is required for distribution, reproduction, or other use of protected items beyond that allowed by fair use or other statutory exemptions."
This means you must get permission from the copyright holder to use
any of the movies in the collection. "Fair use" means you can use clips
for reviews, news reporting and education. Not that YOU feel you movie
will be educational, but that the clip is being used as a teaching tool in
school.
http://w2.eff.org/IP/eff_fair_use_faq.php



"Responsibility for making an independent legal assessment of an item and securing any necessary permissions ultimately rests with persons desiring to use the item"

This means that the Library does not give permission - they you must
obtain permission before using anything in the library.

The chances are good that the Edison clips are in public domain. Check
carefully to find out for sure.

 

[Alcove Audio]

Just to confuse the situation more, 'rik...

To the best of my knowledge the Edison films are in the public domain, quite a few can still be found on the Prelinger Archives site.

All of the Prelinger material was obtained by the Library of Congress.

The Library of Congress restored most of the footage.

So the restored footage may be under copyright, but not the original footage.